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Unearthing details of trust deed - Q for family law specialist?

7 replies

AffIt · 13/10/2023 13:15

To cut a very long and convoluted story short, I have recently been granted PoA on my mother's behalf and am uncovering a host of really complicated financial issues, including the existence of a trust deed.

She refuses to talk about anything and I can't find any paperwork - I tried to do a search on the Register of Insolvencies, but because I don't know the date when it was created or discharged, nothing is showing up.

Is there anything I can do? I have already tracked down and paid off multiple creditors, but I am worried that there may be even more out there.

We are in Scotland, btw, as I know the system differs.

Thanks for any advice or experience in advance.

OP posts:
TizerorFizz · 13/10/2023 15:05

Reading this, I wondered if a forensic accountant might be able to trace it? DD is a family barrister but they use forensic accountants to unearth “hidden” assets in divorce settlements. Others might know a lot more though. Please disregard if my idea is rubbish.

AffIt · 13/10/2023 16:11

That is an interesting idea, thank you.

Would an FA take on a small 'domestic' case, though, when there's nothing really at threat so to speak, i.e., no opposing party?

OP posts:
youdo · 13/10/2023 16:14

roi.aib.gov.uk/roi/Security/Home/Landing

This is the link for the Scottish list (hopefully will work), you are only listed on it until you are clear of your trust deed for roughly 1-2 years.

youdo · 13/10/2023 16:16

Sorry meant to put you can just search by name or even town and if she's still on it then it should come up. If she still has a trust deed and has debt I wouldn't be paying any creditors until you find out who her trustee is as they might be included.

AffIt · 13/10/2023 16:31

Ah, okay - so when I search the RoI, nothing is returned, but her bank said the TD is still showing on her file?

But surely if it's expired, it shouldn't be?

I've also opened an Experian account in her name (that's how I located a few creditors) and nothing is showing?

OP posts:
youdo · 13/10/2023 16:41

A trust deed usually only lasts about 4 years but it stays on your file for 7 as do the debts. There is loads of paperwork with it so hopefully you will find some of it which will show who controls it. It also showed on my credit file who I had mine with. At the end of mine I had to contact all the creditors for them to update their files and it was a complete faff so it's possible those debts on her file have already been paid via the trust deed.

TizerorFizz · 13/10/2023 17:01

@AffIt That was a slight worry but if you think there’s other investments it could be worth asking? A small company though.

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